People v. Kroemer

Appellate Division of the Supreme Court of New York

People v. Kroemer

151 A.D.2d 1049, 544 N.Y.S.2d 510

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1989

StatusPublished

Cited by3 cases

This text of 151 A.D.2d 1049 (People v. Kroemer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kroemer, 151 A.D.2d 1049, 544 N.Y.S.2d 510 (N.Y. Ct. App. 1989).

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Opinion

Motion to change venue from Ontario County denied. Memorandum: We conclude that defendant has not on this application met his burden of demonstrating that there is "reasonable cause to believe that a fair and [1050]*1050impartial trial cannot be had” in Ontario County (CPL 230.20 [2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application before us now is premature. (See, People v DiPiazza, 24 NY2d 342; People v Lafferty, 144 AD2d 1038; People v Carlson, 143 AD2d 542; People v Simmons, 132 AD2d 1009; People v Oakes, 130 AD2d 980; People v Rivera, 130 AD2d 980.) Present — Dillon, P. J., Doerr, Boomer, Balio and Davis, JJ.

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Motion to change venue from Ontario County denied. Memorandum: We conclude that defendant has not on this application met his burden of demonstrating that there is "reasonable cause to believe that a fair and [1050]*1050impartial trial cannot be had” in Ontario County (CPL 230.20 [2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application before us now is premature. (See, People v DiPiazza, 24 NY2d 342; People v Lafferty, 144 AD2d 1038; People v Carlson, 143 AD2d 542; People v Simmons, 132 AD2d 1009; People v Oakes, 130 AD2d 980; People v Rivera, 130 AD2d 980.) Present — Dillon, P. J., Doerr, Boomer, Balio and Davis, JJ.

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Bluebook (online)

151 A.D.2d 1049, 544 N.Y.S.2d 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kroemer-nyappdiv-1989.

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